PLEASE READ & SIGN BELOW:
1. Additional on-site billings are due on the day the Opening Services are completed.
2. If pool equipment is inside home, home owner must be home for entire pool opening.
3. Discount Pools & Supplies will not be expected to perform any work other than that which is herein contracted unless agreed upon customer before or during service.
4. Discount Pools & Supplies will not be held responsible and/or liable for damages or added expense for delays of contract date caused by shortages, i.e.; gasoline, parts, accessories, etc. or weather conditions, strikes, acts of God or other circumstances beyond the control of Discount Pools & Supplies or for any ensuing damage and/or operational expense caused by said delays.
5. Due to possible pre-existing conditions, Discount Pools does not warranty pool service work or make an expressed or implied warranty of pool structure, deck, piping or any associated pool equipment.
6. Discount Pools & Supplies will not assume responsibility and/or liability for damages incurred by removal and reinstallation of equipment parts that are corroded, rusted, or otherwise deteriorated. Repairs and/or replacement will be made at owner’s expense (Discount Pools will not do any repairs without consent of customer).
7. At Opening, Discount Pools & Supplies will not be expected to be responsible for any missing or damaged items of pool equipment, stored on Owner’s property under their care and keeping, over the winter months.
8. This agreement and any addenda in writing, constitute the entire contract of the parties when signed by both parties and the parties are not bound by oral expression or representation by any agent of either party purporting to act for or on the behalf of either party which is not recited herein, and Discount Pools & Supplies is not bound to any commitment or agreements not specified in the proper spaces on the white copy of this contract.
9. Cleaning and vacuuming pool is excluded from this service contract.
If legal action is required by pool owner against contractor, owner agrees to use arbitration as the first means of settling any and all disputes between the parties. If said arbitration is unacceptable, both parties agree that any resulting legal action can only be handled in the city of Mount holly and the county of Burlington NJ. This shall be the sole court to handle disputes between the parties that cannot be handled by arbitration.
Warranty: EXCEPT AS EXPRESSLY PROVIDED UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND BY ANY MANUFACTURED WARRAN- TY. THERE IS NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND; AND ANY WARRANTY, EXPRESSED OR IMPLIED IS HEREBY EXCLUD- ED AND DISCLAIMED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
Limitation of Damages/Remedies: IT IS UNDERSTOOD AND AGREED THAT SELLER’S LIABILITY AND PURCHASER’S SOLE REMEDY, WHETHER IN CON- TRACT, UNDER ANY WARRANTY, IF ANY, IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY PURCHASER, AND UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS
OF EQUIPMENT, LOSS PROFITS OR REVENUE, COST OF RENTING REPLACEMENTS, AND OTHER ADDITIONAL EXPENSES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRICE STATED FOR THE MERCHANDISE IS A CONSIDERATION IN LIMITING A SELLER’S LIABILITY AND PURCHASER’S REMEDY. HOWEVER, Pools Plus, Inc. MAINTAINS FULL INSURANCE COVERAGE THAT COVERS ANY DAMAGE THAT IS PROVED TO BE CAUSED DIRECTLY BY Discount Pools OR ITS AGENTS.
SELLER WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES AS A RESULT OF PURCHASER’S NEGLIGENCE WHETHER DEEMED ACTIVE OR PASSIVE AND WHETHER OR NOT ANY SUCH NEGLIGENCE IS THE SOLE CAUSE OF ANY SUCH NEGLIGENCE, LOSS OR EXPENSE